1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Basic Facts

Under the Passenger Transport Service Act, the Plaintiff entered into a motor vehicle mutual aid agreement on B (hereinafter referred to as the “instant motor vehicle”) with the luminous car Co., Ltd. (hereinafter referred to as “luminous car”).

On April 15, 2015, Magren C entered into a car rental agreement with C, and delivered the instant vehicle to C on April 17, 2015.

C requested the Defendant to drive the instant vehicle on April 18, 2015. On the same day, around 05:10 on the 05:10 on the same day, there was an accident where the instant vehicle conflicts with the central separation unit and D, who is a passenger, suffered injury (hereinafter “instant accident”).

On April 7, 2016, the Plaintiff paid 15,300,000 won in total with D’s medical expenses and indemnity amount for agreed money to the Plaintiff within the scope of liability insurance, when the case non-life insurance (hereinafter “case non-life insurance”) entered into with the Defendant for an insurance contract (as to the portion exceeding the liability insurance amount under the Guarantee of Automobile Accident Compensation Act).

[Based on the recognition, the driver cannot be included in the insured if he/she is obviously against the will of the registered insured, even if he/she had been driving a motor vehicle with the specific and individual consent from the "insured with consent" who becomes the operator of the motor vehicle with the approval of the "insured with consent" as stated in the insurance policy of the comprehensive motor vehicle insurance contract of judgment as to the claims of Gap evidence Nos. 1 through 3 and 5, Gap evidence Nos. 4, and the purport of the whole pleadings.

Therefore, such driver is insured.